AIRLINES HOTEL PRIVATE, LIMITED Vs. ITS WORKMEN

JUDGEMENT

(1.) By an order made on January 13, 1961 in Civil Appeal No. 554 of 1960 we remanded to the Tribunal for disposal in accordance with law two matters in dispute between the Airlines Hotel (Private) Ltd., and its workmen. These were: (1) the dispute as regards the wages; and (2) as regards the provident fund. We are no longer concerned with the question of the provident fund.

(2.) On the question of wages, the workmen's demand was for the fixation of wage scales for different categories of workmen at the rates mentioned therein. The Tribunal however instead of fixing any wage scales, directed increases to be made in the wages of different categories of workmen on an ad hoc basis - one increment from January 1959, another from January 1960 and the third from January 1, 1961. As regards some of the categories he also fixed a minimum at which anybody should be recruited to that category in future. We set aside this portion of the award and remanded the matter for further hearing as we were of opinion that there were no circumstances in the present case which would justify a departure from the ordinary rule that if the dispute referred is on the question of wage scale's ad hoc increases should not ordinarily be given and for the further reason that the additional burden in the shape of increased wages had been imposed by the Tribunal without giving a definite finding as to the employer's financial position.

(3.) As the services of Shri I.G. Thakore who formed the first Tribunal were no longer available to the Bombay Government by reason of his allocation to the State of Gujarat the proceedings were transferred by an order of the Bombay Government to the Industrial Tribunal consisting of Mr Meher. On September 4, 1961 Mr Meher made his award fixing wage scales for the different categories of workmen. The Tribunal has also ordered the new wage scales to take effect from January 1, 1959 in the case of all workmen except in some cases which were specified. Against this award the employer, the Airlines Hotel has preferred the present appeal by special leave of this Court.